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(영문) 부산지방법원 2018.07.13 2018노658
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts and misunderstanding of sentencing) 1. The defendant was paid 2 million won (1.2 million won (2.3 times a net time a crime table (1) as indicated in the judgment below) and 2 million won for fishing expenses (2.0 million won (2.3 of the same sight table as indicated in the judgment of the court below), E’s hub production expenses, E’s hub travel expenses, and Russ visiting groups of Russia 4,50 million won (1.4,5 times a net time of the same sight table)) from E, and there was no deception of E.

In addition, the Defendant received 4,10,000 won [the sum of KRW 6 to 9,00,000 won in the crime sight table (1) in the judgment of the court below, KRW 10 to 3,510,00 in the net, KRW 10,000 in the net, KRW 10 to 3,5.1 million in the net, KRW 10,000 in the net, KRW 10 to 33,34 in the same sight table] from the Defendant’s Heury operation expenses, and there was no deception by E. The money received from the Q Q Korea branch was paid by the O, the actual supervisor, and there was no fact that there was no property damage.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Judgment on the grounds for appeal

A. As to the Defendant’s assertion of mistake of facts, the following circumstances, which are acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court on the crime sight table (1) 1 to 5, namely, ① the Defendant appears to have first introduced AA, which is engaged in fishery products trade from the person who must be in early October 2012, 201.

However, from September 2012 to September 2012, the victim had been aware of the fact that the defendant had reached several times, and the victim transferred 2 million won to the defendant on September 24, 2014. ② The defendant lent 7 million won to the victim around March 24, 2012 by leasing 7 million won to the victim around September 24, 2012, but the defendant was paid 5 million won from the victim.

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